The Case

McCallum v Everstone Pty Ltd (2022)

Everstone Pty Ltd dismissed its employee, Ms McCallum, for:

• being rude to customers;
• receiving complaints from customers about her;
• her inability to touch-type, which meant she was too slow in her work;
• her inability to multi-task; and
• her refusal to follow instructions.

Ms McCallum claimed when she was dismissed she was told it had nothing to do with her performance and was “just a business decision”.

Ms McCallum commenced unfair dismissal proceedings in the Fair Work Commission (FWC).